{
  "id": 8659861,
  "name": "HAYWOOD WILSON v. SOUTHERN RAILWAY COMPANY",
  "name_abbreviation": "Wilson v. Southern Railway Co.",
  "decision_date": "1914-05-06",
  "docket_number": "",
  "first_page": "499",
  "last_page": "500",
  "citations": [
    {
      "type": "official",
      "cite": "165 N.C. 499"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T20:20:28.606556+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "HAYWOOD WILSON v. SOUTHERN RAILWAY COMPANY."
    ],
    "opinions": [
      {
        "text": "EkowN, <7.\nTbe court below erred in rendering judgment for plaintiff and ignoring tbe issue as to contributory negligence. Contributory negligence is pleaded in tbe answer, and there is abundant evidence to justify its submission to tbe jury. His Honor should have sent tbe jury back with directions to respond to that issue before receiving tbe verdict. If tbe issue is answered favorably to tbe defendant, it bars recovery in this case.\nTbe court also erred in ruling out evidence tending to prove that tbe plaintiff was drinking, and in a drunken condition at tbe time of tbe alleged collision with tbe defendant\u2019s engine; and that such condition caused tbe injury.\nTbe judgment of tbe court is reversed, and a new trial is ordered on tbe second issue.\nFor these reasons there must be a\nNew trial.",
        "type": "majority",
        "author": "EkowN, <7."
      }
    ],
    "attorneys": [
      "J ohn A. Barringer, J. A. Spence, G. A. Carver for plaintiff.",
      "Manly, I\u00edendren & Womble, J ohn T. Brittain for defendant."
    ],
    "corrections": "",
    "head_matter": "HAYWOOD WILSON v. SOUTHERN RAILWAY COMPANY.\n(Filed 6 May, 1914.)\nRailroads \u2014 Crossings \u2014 T rials \u2014 Evidence\u2014Contributory Negligence \u2014Issues\u2014Judgments.\nWhere the plaintiff sues a railroad company, to recover damages for a personal injury alleged to have been received- by him in a collision with the defendant\u2019s train while attempting to\u2019 cross its roadway on a public street of a town, upon the ground that the defendant\u2019s employee, charged with-the duty, failed to give him warning before entering onto the right of way, and there is evidence that the plaintiff did not himself exercise the ordinary care required under the circumstances, judgment may not be given adverse to the defendant upon a verdict not answered upon the issue of contributory negligence; and it is further held that evidence of the drunken condition of the plaintiff was erroneously excluded on the trial of this case.\nAppeal by defendant from Long, J., at December Term, 1913, Of RANDOLPH.\nCivil action for damages for a personal injury alleged to bave been sustained by tbe plaintiff while attempting to cross the defendant\u2019s roadway, driving along the street of a city, by reason of the failure of the defendant, through its proper agent, to give the customary warning of - the danger under the circumstances.\nThe following issues were submitted to the jury, and answered as indicated:\n\u00cd. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes.\n2. Did the plaintiff, by his own negligence, contribute to his injury? Answer: .\n3. What damage, if any, has the plaintiff sustained by reason of said injury? Answer: $750.\nHis Honor rendered judgment for the plaintiff.\u2019 The defendant appealed.\nJ ohn A. Barringer, J. A. Spence, G. A. Carver for plaintiff.\nManly, I\u00edendren & Womble, J ohn T. Brittain for defendant."
  },
  "file_name": "0499-01",
  "first_page_order": 547,
  "last_page_order": 548
}